J. P. Lamb & Co. v. Merchants National Mutual Fire Insurance
North Dakota Supreme Court
Appeal from District Court, Nelson county; Fisk, J. Action by J. P. Lamb & Co. against the Merchants’ National Mutual Fire Insurance Company. From a judgment for.plaintiff, and an order denying a new trial, defendant appeals. The conditions of standard policies can .only be waived as provided therein, Kerr on Insurance, 43-2; O’Neal v. Am. Fire Ins. Co. '30 Atl. 940; Northern Assurance Co. v. Bldg. Assn. 183 U. S. 308; Enos v. Ins. Co. 8 Pac. 379; Gladding v. Ins.
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Appeal from District Court, Nelson county; Fisk, J. Action by J. P. Lamb & Co. against the Merchants’ National Mutual Fire Insurance Company. From a judgment for.plaintiff, and an order denying a new trial, defendant appeals. The conditions of standard policies can .only be waived as provided therein, Kerr on Insurance, 43-2; O’Neal v. Am. Fire Ins. Co. '30 Atl. 940; Northern Assurance Co. v. Bldg. Assn. 183 U. S. 308; Enos v. Ins. Co. 8 Pac. 379; Gladding v. Ins. Co. 4 Pac. 764 ; Couch v. City F. Ins. Co., 38 Conn. 181; Pandor v. Am. Mut. Ins. Co. 12 Cush. 469; Allemania F. Ins. Co. v. Hurd,…
1Opinion of the CourtSpalding, J.
This is an appeal from a judgment in favor of the plaintiff in an action on a fire insurance policy issued by appellant on a stock of merchandise and from an order denying a motion for a new trial.
It is not necessary to quote the pleadings. The principal issue was as to certain acts of appellant’s secretary constituting a waiver or estoppel in favor of respondent, who had not paid any part of the premium due on the policy. The facts referred to consisted in sending respondent the renewal policy in suit without an application, giving it notice that $13.60 was due it on a policy for the same…
2Cases cited11 opinions
- Modern Woodmen v. TevisCourt of Appeals for the Eighth Circuit · 1902
- Yoe v. Benjamin C. Howard Masonic Mutual Benevolent Ass'nCourt of Appeals of Maryland · 1885
- Pratt v. . D.H.M.F. Ins. Co.New York Court of Appeals · 1891
- McCoy v. Roman Catholic Mutual InsuranceMassachusetts Supreme Judicial Court · 1890
- Rood v. Railway Passenger & Freight Conductors' Mut. Ben. Ass'nUnited States Circuit Court · 1887
6 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Diedrick v. HelmSupreme Court of Minnesota · 1944
- Meyer v. National Fire InsuranceNorth Dakota Supreme Court · 1936
- Leisen v. St. Paul Fire & Marine InsuranceNorth Dakota Supreme Court · 1910
- King v. Farmers Electric Coop., Inc.New Mexico Supreme Court · 1952
- Bach v. North Dakota Mutual Fire InsuranceNorth Dakota Supreme Court · 1928
6 more not listed; retrieve them via the Exa API.